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Date Added to
Site: 20th January 2006 |
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Short Summary
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| Title |
Human Rights, Formalisation and Women’s Land
Rights in Southern and Eastern Africa |
| Author |
Ikdahl, I., Hellum, A., Kaarhus, R., Benjaminsen,
T.A. and Kameri-Mbote, P. |
| Publication
Date |
July 2005 |
| Publisher |
The Institute of Women’s Law, University of Oslo |
| Donor |
Norwegian Agency for Development Cooperation
(NORAD), Norwegian Ministry of Foreign Affairs |
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Short Summary |
How can the abstract principles of the human
rights-based approach (HRBA) be translated into practical strategies
to improve women's ownership and access to land? In Tanzania, Mozambique,
South Africa, Zimbabwe, and Kenya, despite changes in national law
and policy aiming to improve women's land tenure, none of the land
reforms meet human rights standards. This is because legal regulation
of land blurs with customary laws mostly relating to land transactions
and family, marriage or inheritance. The mix of both systems often
has a detrimental impact on women's ability to claim their land rights.
HRBA is useful because it helps to standardise laws and put into place
mechanisms that protect women from direct and indirect discrimination.
Recommendations of the report include: the need for a gender impact
assessment on any land reform process, measures to educate and inform
women of their rights, and legal institutions to support women when
their land rights have been violated. |
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